[applause] geoff: ha ha ha. craig: good night, everybody. good night.

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you're watching cbs 5 eyewitness news in high definition. it's going to be another frigid night. and there's plenty more cold weather on the way. good evening. i'm elizabeth cook. >> and i'm ken bastida. y'all want to know how cold it's been this afternoon and this afternoon and how cold it's going to get? here's roberta gonzales. >> right now it's our live weather camera. we're currently -- livermore has 39. san jose, 43. already into the mid 30's in santa rosa. tonight, overnight, some of the coldest air masses since we began our winter season, 27 in livermore. the last time we saw that was on january 3. otherwise below freezing in napa, sonoma. 30's and 40's coming across the central bay. just about freezing everywhere. these red highlighted areas, that reflects a freeze warning that goes into effect in minutes from now, until 2 a.m.

to 8 a.m. friday morning. that blue area encompasses most of the bay area for 30's. we'll talk about the warmer air mass, coming up with your pinpoint forecast later. snow fell on the santa cruz mountains this morning. not a lot but a dusting on highways 35 and 9. and it's not snowing where christin is, but you can definitely see your breath. >> reporter: it's going to get down to 27 overnight. that's enough to keep people off the streets tonight in livermore and seeking shelter inside. it is freezing out here. in livermore, the gloves are on. >> i am all bundled up, yes. i've got my mittens, the uggs. >> reporter: and so are the hats and winter coats. >> i've got a jacket and, you know, two shirts and t-shirts. >> reporter: for a cold snap that is stuck in the tri- valleys. people here are feeling the freeze.

this woman told us it was too chilly to breathe even one block on foot. >> i went one block to i could go to a restaurant, because i'm freezing. >> seems to be colder than last year. >> i think it has something to do with there's not a lot of precipitation in the air. >> reporter: they're right about one thing. this is unseasonable cold for the bay area. but it's not so cold yet that it kept people at livermore's ale house from dining tonight. the cold is all relative. >> this is northern california. it really doesn't get cold here. >> reporter: i beg to differ. but you can see him sitting here enjoying himself outdoors, having a drink. again, those temperatures expected to drop very quickly. and livermore isn't the only spot. much of the tri-valley expected to be below freezing tonight.

live in livermore, christin ayers, cbs 5 eyewitness news. while you're safe and warm at home, right now thousands of drivers are stranded because interstate 5 over the grapevine is closed due to snow and ice. now they're getting lightning, blinding snow started falling about 3 this afternoon. traffic has been backed up for miles every since. one woman is trying to get back to hayward with her mother and a baby. >> we've been in the car about three hours. >> we have an infant traveling with us. and, you know, we're running out of milk. we've got diaper changes. our plans have been changed drastically. >> yeah. i-5 closed tonight. grapevine expected to be closed all night long. a california science teacher is being called a hero after getting a school shooter to surrender. the shooting happened this morning at taft union high school in kern county,

southwest of bakersfield. authorities say a 16-year-old entered his classroom and fired a shotgun that belonged to his brother. one boy was hit and critically injured. the gunman then tried to fire on a send classmate but missed. a teacher was grazed in the head. the teacher and another staff member started talking to the gunman and convinced him to finally surrender. the sheriff says the boy planned the attack and targeted students he felt had bullied him for more than a year. >> the guy that got shot, i was holding him. i have blood on my sweatshirt from it. >> the student in critical condition we believe was one intended target of the suspect. >> investigators say the suspect's pockets were stuffed with ammunition. there was an armed guard assigned to the call but he called out today because he was

snowed in. a plan to toughen california's assault weapons ban may now have a chance. allen martin tells us that next week there will be a brand-new push to close a loophole in the state's gun law. >> reporter: senator lee says after newtown, connecticut, enough is enough. he's ready to reintroduce stronger assault weapons bans legislation in california. >> these weapons are really not for anything but mass destruction and we've got to put on end to that. >> reporter: yee failed in his attempt last year to ban the bullet button in assault-type rifles. >> gun manufacturers have created this loophole. all we're doing is closing that particular loophole. >> reporter: gun rights advocates say they will fight yee's legislation, just like they have before.

>> it's very frightening for those of us who believe in the bill of rights to see this. >> reporter: and gene says a ban could actually have the opposite effect. >> by outlawing the bullet button, they will likely go to configurations that will allow detachable magazines, so in fact we'll have more that have detachable magazines instead of less. >> we will not be taking any of those weapons away. once the governor signs this particular bill, you'll have six months to register those particular guns. >> reporter: allen martin, cbs 5. now, senator yee's bill would basically ban detachable magazines. what does that mean? someone couldn't reload their assault rifle by just putting in a new clip if the gun has other features like a pistol grip. you would have to manually add the bullets. the goal is to make it harder

to reload quickly, and easier for a potential target to get away. after telling you about how broke california is, today we learned the red ink is gone. for you, anyway. no more deficit. the governor predicts we'll actually have a surplus by the end of next year. governor brown released his $145 billion budget today. schools are the big winner. k through 12 and the community colleges will get an extra $3 billion. medi-cal gets an extra $350 million. and a billion goes into the rainy day fund. >> it is best to maintain a very solid budget. and a good reserve. otherwise, we'll get hit and we'll go back into the boom and bust, borrow and spend. and that's what that is. i'm determined to avoid the fiscal mess that the last few governors had to deal with. >> yeah. he balanced it.

the governor says it wouldn't have been possible to do this without steep cuts and the new prop 30 taxes that voters approved. the bad news is california still has a mountain of debt after borrowing during the down years. one san jose man is going to save taxpayers more than a half million. he was supposed to spend the next eleven years behind bars. tonight, kiet do says he's a free man, thanks to california voters. >> i was there at 2:30 waiting for him in the morning. >> reporter: he's one of the first ones out, under california's three strikes law. >> it's real. i can actually feel him and it's real, you know. i'm just lovin' it, you know, every moment of it. >> reporter: martin and his son matthew talked to us at his lawyer's office. when his family picked him up at the prison, he didn't cry, but everyone else did. it had been a long 15 years.

>> i wasn't a very good person when i got arrested for this case. that's all been washed out of me. >> reporter: back in 1997, he pleaded guilty for using and selling meth and marijuana. a typical sentence is four years. but because he had a prior assault conviction, under three strikes, he was sentenced to 26 years. >> what was that like when the judge's gavel hit? >> i was numb. you have to do it. you have to suffer it out. you just have to deal with it. >> reporter: in prison, he stayed out of trouble by exercising and studying the bible and working as a clerk. his behavior was so good, he even got a letter of recommendation. >> there are some redeemable people in prison. there are some people worthy to come out. they just have to be given that chance. >> reporter: at 50 years old, he has ten grandkids he's just

met and has never used the internet. he says he's paid his debt to society and he's never going back. >> do you think you could have learned these lessons outside of prison? >> i think about that a lot. and the answer i always come up with is no. >> reporter: kiet do, cbs 5. coming up, the reptile found guarding a pot stash died. what killed mr. teeth? how to tell if you have the flu or just a really nasty cold. 130 miles an hour and no hands! a wild ride. and no one is behind the wheel.

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a big rig went flying off a bay area freeway.. and burst into flames. three good samaritans jumped into action when a big rig went flying off a bay area freeway and burst into flames. it happened this morning on highway 37. the chp says an ace hardware truck fell three stories to the ground after colliding with a white pickup. two witnesses stopped and pulled the driver out of the truck. >> when we got to the truck, they saw the driver of the truck upside down, tangled in the seat belt. they did free him from the truck. >> the trucker, 43-year-old william ballard of roseville, was rushed to the hospital, where he later died. the other driver was not seriously hurt. a 16-year-old reptile found guarding a bay area pot stash

has died. cbs 5 reporter juliette goodrich on what killed mr. teeth. >> reporter: mr. teeth, a five- foot long dwarf cayman died at the oakland zoo's veterinary hospital a day after sheriff's deputies found him living in this home. >> we're going to pursue animal cruelty charges. >> reporter: assif mayar was originally arrested on suspicion of marijuana. that's when deputies found the 16-year-old reptile in a cramped tank, similar to this size, and right next to 34 pounds of marijuana at the residence. >> so first thing is that this was not a legal animal for him to own. >> reporter: owen, owner of the place, says the cayman was likely surviving but not thriving. >> their metabolism is slow enough and they are durable enough that you can keep an animal in substandard conditions for many years and

it will survive. it won't thrive. >> reporter: now, this is a lizard. his name is elmo. much different than a dwarf cayman. however, it's the same size. that's why i'm showing you. the body length is exactly the same size. the only difference is that a dwarf cayman's head is twice the size of this one. but both are tapeable. but this sized tank means mr. teeth couldn't turn around or move around. and plexiglass means it wasn't heated properly. >> they're largely aquatic, so you do need a big tank. it also needs a land area to bask. >> reporter: the reptile owner remains behind bars in santa rita jail. in castro valley, juliette goodrich, cbs 5. the killer whales that were trapped under the ice in canada are free tonight. the orcas had been bobbing

frantically, taking turns coming up just to breathe. the locals were planning a rescue operation. but they say the ice shifted by itself, and the whales swam free. the flu is spreading fast and fiercely, and now the makers of flu vaccine and tamiflu for kids are running short on both. the flu is widespread in 45 states. so far, california is not one of them. lots of people think they have the flu when really they just have a bad cold. there's a lot of overlap in symptoms. but dr. kim says it all comes down to timing. >> i'd say the best way to tell the two apart is that, with the flu, symptoms hit you like a mack truck. suddenly, out of the blue, you might have a high fever, over 102, muscle aches, overwhelming fatigue. you feel lousy. >> some doctors say this season looks bad because last year was unusually mild. and the main strain of influenza tends to make people a lot sicker.

well, tonight we're getting a sneak peek at the new bay bridge light show. >> it's an art installation called bay lights. the lights are on but not moving, dancing or shimmering just yet like they will eventually. workers are still stringing up the lights during the overnight hours. this was the first night that any of the lights were actually turned on. the project's big unveiling will be coming up in march. now, it was cold tonight but actually it was probably a pretty good night to see that, because it's so clear and crisp. >> did you say cold? i'm still thinking slow around here. >> she's making fun of me. but the flu is running rampant and so is the cold weather as well. just how cold is it? first off, a beautiful view of the port of san francisco with the abundance of clear skies. yet another view taking a look at the ferry building, all aglow for 49er action on

saturday night. temperature-wise, we're already into the 30's in livermore. in santa rosa also. winds are gusting, up to 16. but they're now dying down at the lower levels, down to about 3 and 9 miles per hour. 29 degrees, the overnight low expected in santa rosa. below freezing in napa, glen ellen and also in sonoma. somebody will drop down to 26. when you see these areas in red, that's where we have a freeze warning in effect by tomorrow morning's commute. also the blue areas, most of the bay area, 20's and 30's for overnight lows. san jose, you'll dip down to an overnight low of 31. we do have a dry weather pattern in the offing, but cool temperatures, at least for the next seven days. here is the cold front that has now shut down i-5 due to the

snow and icy conditions. a lot of cold air masses right here in place, as we're under the influence of this huge ridge of high pressure. freezing temperatures tonight. friday tonight, overnight, into saturday morning, leaving us with 40's and 50's for a daytime high. a high tomorrow only at 26. 50's across the board. a few pockets of 40's around hayward, throughout livermore. the extended forecast, what do you not see? not one 60 degrees. >> cold out there. >> it's football weather. coming up, a wild ride, 130 miles an hour, and

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show. toyota and audi unveiled their new "driverless techno yeah. the consumer electronics show is also part car show this year. toyota and audie unveiling their new driverless technology. >> amazing. cbs reporter john blackstone takes a wild ride in a car

named shelly. >> reporter: the audie is a powerful engine under the hood. and nobody at all behind the wheel. chris and a stanford university engineering team equipped the car they call shelly with a powerful computer, a gps system and a big red button that tells the car to take us for a ride. >> whoa! off we go. >> off we go. there's the road. as soon as we're out here on the track, we'll create a run. >> making this clear, you're hands are free from the wheel. >> my hands are free from the wheel. whoa! >> reporter: on a track still damp from a rainstorm, shelly drove as fast as she could, slowing just enough to make it around the hair pin turn. >> the speedometer says 70 miles an hour. i realize i'm putting my life in the hands of technology that doesn't have hands. my stomach? don't ask! >> reporter: without humans

inside the car, gurtis has let it run wild, reaching 130 miles an hour. the car even raced up colorado's pikes peak all by itself. >> so you studied how race car drivers would do this and taught the car to do that? >> a very big part of this project is understanding how the very best drivers control the car. >> reporter: gurtis and his team actually get inside the mind of race car owner and driver. >> we operate at a subconscious level. i sometimes use the term reflex behavior, thinking you're going too close. >> reporter: he's trying to build the quick reflexes into the software that keeps shelly on the road and can make her a safer driver than many of us. >> if they steal enough stuff from your brain, do you think they can teach a computer to drive as well as you can drive? >> when it's all done, they'll

be better than i am. >> here's the cool part. the cars are street legal here in california now, by law, as long as a human is along for the ride in case anything goes wrong. >> well, if they could program somebody to kick a field goal, who will the 49er kicker be on

een off the 49ers kicker david akers is getting to get at least one more shot to get it right.

akers' kicks have been off the mark. he's hit on just 29 of 42 attempts. that is a career low 69%. so 49ers brought in billy cundiff last week and akers still won the competition. he will be the kicker when the 49ers host the packers. we are less than 48 hours away from kickoff. the last time these teams met in candlestick park, the game was ending on what was known is catch park 2. vern caught up with steve young. >> i said, there was an -- he was open. i mean, it wasn't like, you know, hail mary, you know. not someone, you know -- jump up and grab it or some kind of miracle catch. it's much sweeter, because it's the packers. i mean, it might have been even sweeter if it were the cowboys. but packers, cowboys, one of those two, i'm grateful for

that. dave fleming braving the snow as he called the gonzaga game. david stockton -- that's john stockton's son. ten seconds left. st. mary's down three. no go. 83-78. gaels lose. hewey lewis and the news will perform the national anthem on saturday, inspiring harbaugh to reflect on his 1980's hairstyle. that starts the top 5. >> i had the same haircut since i was 10 years old. >> no. 4, the pants are louder than his game. eight strokes back. no. 3, if you're going to lose, look good doing it. mark lions with the hang-in three.

it's a one-man ymca during halftime. who sang that song? >> that would be... um... >> you will not be a 49er. >> not as disappointed as the 49ers would be if they didn't draft me. >> the interview has now over 30,000 views on youtube. today, rodgers gave his rebuttal on espn radio. >> i talked to the guy who did that interview with you. he said they have a counter that shows how many times they've run that app on their news. 61 times since 2005. 61 times. >> wow. slow days out there. >> it's cold

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